Terms of Use

Last Updated Date: March 31, 2021

These Terms of Use (the “Terms”) describe the terms and conditions that apply to your use and purchase of Prisma Electronics S.A.’s (“Prisma Electronics”) websites (the “Site”), mobile applications, software and hardware products and related services (collectively, the “Service”). By accessing, using or interacting with the Site and/or Services in any way, you agree to be bound by these Terms. Additional or separate terms may apply to your use of the Site or Services. If there is a conflict between these Terms and such other terms and conditions, the latter will take precedence with respect to your use of or access to that area of the Site and/or Services.

Table of Contents:
1. Account Registration
2. Privacy
3. Sale of Products and Services
4. Ownership and Intellectual Property
5. Your License to Use the Services
6. User Submitted Content
7. Feedback
8. Copyright Policy
9. General Prohibitions and Acceptable Use Standards
10. Links
11. Modifications
12. Termination and Account Cancellation
13. Disclaimers
14. Indemnity
15. Limitation and Liability
16. Controlling Law and Jurisdiction
17. Entire Agreement
18. Assignment
19. Notices
20. Export Control and Economic Sanctions Laws
21. Government End Users
22. General

1. Account Registration

In order to access or use certain features of the Service must register for an account (“Account”). You agree to provide accurate, current and complete information during the registration process and at all times when you use the Service and to update such information if it changes. Prisma Electronics reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Prisma Electronics of any unauthorized use of your Account. To use our Services, you must be at least eighteen years of age or otherwise recognized as being able to form legally binding contracts under applicable law.

2. Privacy

Prisma Electronics’s Privacy Policy governs Prisma Electronics’s collection and use of your personal information.

3. Sale of Products and Services

A. Products

End-Users Only/Resale Prohibited: this Site is intended only for sales to end-user customers who may use the Prisma Electronics products for personal or professional purposes. Products sold through the Site are not authorized for resale or export. The resale of a Prisma Electronics product without the authorization of Prisma Electronics is an infringement of Prisma Electronics’s intellectual property rights. By submitting an order on Prisma Electronics.com, you agree that you are not purchasing Prisma Electronics’s products for resale.

Descriptions: we do our best to provide accurate information on our product pages – including product descriptions, prices, shipping estimates, etc. However, we reserve the right to correct pricing errors that may inadvertently occur (which may require us to revoke an offer). Prices and availability are subject to change. Your order is subject to cancellation by us, in our sole discretion. 

Order Acceptance: we reserve the right to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order. If we do cancel your order, we will refund you any amounts that you have been charged.

Payments: generally, we do not charge your payment method until after you order has shipped. However, we may pre-authorize the total purchase amount (including applicable taxes and shipping costs) with your authorized payment method once when you place your order. You cannot make changes to your order after it has been placed.

Indirect Taxes: this Site is dedicated to sales to end-user customers and indirect taxes (VAT, GST or sales tax) is included or assessed as appropriate.  Prisma Electronics provides a tax invoice to each end-user customer.  If a duplicate copy of the tax invoice is needed, you may contact Customer Service to request this. 

Risk of Loss: All purchases of physical products are made subject to a shipping contract. Risk of loss and title for purchases pass to you upon our delivery to the carrier.  You must notify us within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged.

Shipping, Returns, Manufacturer Warranty: please see our Shipping Policy, Warranty and Return Policy for further information about purchasing our cameras, mounts and accessories. As described in the Return Policy, if you are an EU resident, you also have a legal right to withdraw from this contract without giving any reason within 14 days of receiving your purchased goods.

B. Subscription Services

If you purchase a subscription service from Prisma Electronics (“Subscription”), then, in addition to these Terms, your Subscription is also governed by the Prisma Electronics Subscription Terms and Conditions (“Subscription Terms”) and any additional terms and conditions presented during your Subscription purchase. The Subscription Terms will govern to the extent of any express conflict with the Terms herein.

4. Ownership and Intellectual Property

The Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries and are subject to our Trademark Policy (which is incorporated herein by reference). Except as expressly provided in these Terms, Prisma Electronics and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

All trademarks, service marks, logos, trade names and any other proprietary designations of Prisma Electronics used herein are trademarks or registered trademarks of Prisma Electronics. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

5. Your License to Use the Services

“Content” on the Service means any links, text, graphics, images, music, audio, video, photos, information, code, or other materials available on the Service. Subject to your compliance with these Terms, Prisma Electronics grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Service, to access, use, view and print any Content and the right to download one copy of the application to any single device solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Prisma Electronics or its licensors, except for the licenses and rights expressly granted in these Terms.

6. User Submitted Content

You are solely responsible for any Content you submit, post, display or make available through the Service (your “User Content”). Unless otherwise agreed in writing, Prisma Electronics does not claim any ownership rights in your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content. By making available User Content through the Service, you hereby grant to Prisma Electronics a worldwide, irrevocable, perpetual, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license to use, copy, adapt, modify, distribute, reference, store, cache, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, making publicly available and otherwise exploit such User Content in any form, medium or technology now known or later developed for any purposes, including for both commercial and non-commercial purposes without compensation to you, except as otherwise provided in the Prisma Electronics Privacy Policy as it relates to your personal data and private Content.

You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, permissions, consents and releases that are necessary to grant to Prisma Electronics the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the Content or Prisma Electronics’s use of the User Content (or any portion thereof) otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

7. Feedback

If you choose to provide feedback, comments and suggestions for improvements to the Service (orally or written) (“Feedback”), you acknowledge and agree that all Feedback will be Prisma Electronics sole and exclusive property and you hereby irrevocably assign to Prisma Electronics and agree to irrevocably assign to Prisma Electronics all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.

8. Copyright Policy

Prisma Electronics respects copyright law and expects its users to do the same. Prisma Electronics has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Prisma Electronics’ s Copyright Policy, for further information.

9. General Prohibitions and Acceptable Use Standards

You agree not to do any of the following:

  • Access or use the Service unless you can form legally binding contracts under applicable law and are at least 18 years of age.
  • Post, upload, publish, submit or transmit any Content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or any duty of confidentiality that you owe to another party; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) promotes, encourages, or engages in terrorism violence against people, animals, or property; (vii) promotes, demonstrates or constitutes illegal or harmful activities or substances; or (viii) promotes, encourages, or engages in child pornography or the exploitation of children.
  • Use, display, mirror or frame the Service, or any individual element within the Service, Prisma Electronics’ s name, any Prisma Electronics trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Prisma Electronics’ s express written consent;
  • Access, tamper with, or use non-public areas of the Service, Prisma Electronics’s computer systems, or the technical delivery systems of Prisma Electronics’s providers;
  • Attempt to probe, scan, or test the vulnerability of any Prisma Electronics system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Prisma Electronics or any of Prisma Electronics’ s providers or any other third party (including another user) to protect the Service or Content;
  • Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Prisma Electronics or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Prisma Electronics trademark, logo URL or product name without Prisma Electronics’ s express written consent;
  • Use the Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
  • Interfere with, or attempt to interfere with, the operation of the Service and Content, the access of any user, host or network, including, without limitation, hacking, cracking, sending or installing any kind of computer virus designed to be capable of disrupting, damaging, or limiting the functionality of any software or hardware, overloading, flooding, spamming, or mail-bombing the Service;
  • Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Prisma Electronics may investigate and prosecute violations of any of the above to the fullest extent of the law. Prisma Electronics may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Prisma Electronics has no obligation to monitor your access to or use of the Service or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Prisma Electronics reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Content, that Prisma Electronics, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service or otherwise violates any applicable law.

10. Links 

The Service may contain links to third-party websites. Prisma Electronics does not control or endorse these third-party websites. Prisma Electronics is not responsible for the availability, appropriateness, accuracy, content, advertising, product or services of such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. By using the Service, you expressly release Prisma Electronics from any and all liability arising from your use of any third-party website or on-line resource. Accordingly, Prisma Electronics encourages you to be aware when you leave the Service and to review the terms and conditions, privacy policies, and other governing documents of each website that you may visit.

11. Modifications

Prisma Electronics reserves the right, at its sole discretion, to modify, discontinue or terminate the Service (including, without limitation, the fees and benefits for any Subscriptions) or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Service after we have posted a modification on the Site or via the Service or have provided you with notice of a modification, you are indicating that your agreement and express consent to be bound by the modified Terms. You may also be asked to re-acknowledge and re-accept the Terms following any material changes.  If the modified Terms are not acceptable to you, you may cease using the Service and this is your only recourse.

12. Termination and Account Cancellation

If you breach any of these Terms or otherwise violate applicable law, in its sole discretion and without prior notice to you, Prisma Electronics has the right to suspend, disable, terminate or cancel your Account and/or terminate these Terms – and you shall not be entitled to any refunds, credits or other consideration for any forfeited Subscription fees. Except as set forth herein, Prisma Electronics is under no obligation to continue to support the Service in any way, or to provide you with updates or error corrections to Service – provided, however, that we may, in our sole discretion, provide you will a refund, credit or other consideration if you are a subscriber and we suspend or discontinue your Subscription.  Except as otherwise expressly stated, Your rights under these Terms will terminate immediately and automatically, with or without notice in Prisma Electronics’s sole discretion, if Prisma Electronics ceases to support the Service.  Prisma Electronics reserves the right to revoke, suspend, cancel or disable your access to and use of the Service (not including the Subscription services) and Content at any time, with or without cause. Except as otherwise specified in the Subscription Terms, You may cancel your Account at any time by contacting Prisma Electronics Support at webstore@prismael.

13. Disclaimers

OTHER THAN AS EXPRESSLY PROVIDED IN WRITING BY PRISMA ELECTRONICS IN CONNECTION WITH YOUR PURCHASE OF A PRISMA ELECTRONICS PRODUCT, THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PRISMA ELECTRONICS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PRISMA ELECTRONICS MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PRISMA ELECTRONICS MAKES NO WARRANTY THAT PRISMA ELECTRONICS WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE FOR ANY PARTICULAR LENGTH OF TIME AND PRISMA ELECTRONICS RESERVES THE RIGHT TO CHANGE AND UPDATE THE SERVICE AND ANY SOFTWARE WITHOUT NOTICE TO YOU. PRISMA ELECTRONICS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PRISMA ELECTRONICS OR THROUGH THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE.

THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICE.

14. Indemnity

You agree to defend, indemnify, and hold Prisma Electronics, its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service or Content; (ii) your violation of these Terms or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive the termination or expiration of these Terms or your use of the Service.

15. Limitation and Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PRISMA ELECTRONICS NOR ANY OTHER COMPANY OR INDIVIDUAL INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRISMA ELECTRONICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  TO THE EXTENT JEW JERSEY LAW APPLIES TO YOU, THIS EXCLUSION OR LIMITATION OF LIABILITY DOES NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PRISMA ELECTRONICS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRISMA ELECTRONICS AND YOU.

16. Controlling Law and Jurisdiction

If you reside inside the European Union, these Terms and any action related thereto will be governed by the laws of the Member State where you are domiciled. In case of a dispute the competent courts of the Member State where you are domiciled will have jurisdiction, but you may also choose one of the options provided for in section 20 (Dispute Resolution). The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

If you reside outside of the European Union, these Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law’s provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to exclusive jurisdiction and venue in such courts.

17. Entire Agreement

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Prisma Electronics and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Prisma Electronics and you regarding the Service and Content.

18. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Prisma Electronics’ s prior written consent and any attempt by you to do so will be null and of no effect. Prisma Electronics may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

19. Notices

You consent to receive notifications from Prisma Electronics electronically to the email address you provide. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You agree that you can store such electronic communications such that they remain accessible to you in unchanged form.

20. Export Control and Economic Sanctions Laws

You agree to comply fully with all U.S. and foreign export control and economic sanctions laws and regulations that apply to the Services, including restrictions on any use of the Service where data is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Service, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government export embargo, or that has been sanctioned by the Office of Foreign Assets Control, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

21. Government End Users

The Service is a “commercial item” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Service is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Service will be only those specified in this Agreement.

22. General

The failure of Prisma Electronics to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Prisma Electronics. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. To access the Terms of Service for your territory please change the country setting on the Site by clicking the country link in the top right corner of the pages.  If specific terms are not available, we will default to this English version.